H. Rept. 115-175 - TO REINSTATE AND EXTEND THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF A HYDROELECTRIC PROJECT INVOLVING JENNINGS RANDOLPH DAM115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-175
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TO REINSTATE AND EXTEND THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION
OF A HYDROELECTRIC PROJECT INVOLVING JENNINGS RANDOLPH DAM
_______
June 12, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Walden, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2122]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2122) to reinstate and extend the deadline for
commencement of construction of a hydroelectric project
involving Jennings Randolph Dam, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Committee Action................................................. 2
Committee Votes.................................................. 2
Oversight Findings and Recommendations........................... 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Congressional Budget Office Estimate............................. 2
Federal Mandates Statement....................................... 2
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 3
Committee Cost Estimate.......................................... 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Disclosure of Directed Rule Makings.............................. 3
Advisory Committee Statement..................................... 3
Applicability to Legislative Branch.............................. 3
Section-by-Section Analysis of the Legislation................... 3
Changes in Existing Law Made by the Bill, as Reported............ 4
PURPOSE AND SUMMARY
H.R. 2122 authorizes the Federal Energy Regulatory
Commission (FERC) to extend the time period during which the
licensee is required to commence the construction of Commission
project number 12715 for up to 3 consecutive 2-year periods.
COMMITTEE ACTION
On May 3, 2017, the Subcommittee on Energy held a hearing
on H.R. 2122. The Subcommittee received testimony from:
Terry Turpin, Director, Office of Energy
Projects, Federal Energy Regulatory Commission;
John Katz, Deputy Associate General Counsel,
Office of the General Counsel, Federal Energy
Regulatory Commission;
Jeffrey Leahey, Deputy Executive Director,
National Hydropower Association;
Donald Santa, President and CEO, Interstate
Natural Gas Association of America;
Andy Black, President and CEO, Association
of Oil Pipe Lines;
Jeffrey Soth, Legislative and Political
Director, International Union of Operating Engineers;
Bob Irvin, President and CEO, American
Rivers; and,
Jennifer Danis, Senior Staff Attorney,
Eastern Environmental Law Center.
On June 7, 2017, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 2122, without
amendment, favorably reported to the House by unanimous
consent.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. There were no record votes taken in connection with
ordering H.R. 2122 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 2122 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
authorize the FERC to extend the time period during which the
licensee is required to commence the construction of Commission
project number 12715 for up to 3 consecutive 2-year periods.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2122 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2122 contains no earmarks, limited
tax benefits, or limited tariff benefits.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, the Committee finds
that H.R. 2122 contains no directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Reinstatement and extension of time for a Federal Energy
Regulatory Commission project involving Jennings Randolph Dam.
Section 1 would authorize FERC to extend the time period
during which the licensee is required to commence the
construction of Commission project number 12715 for up to 3
consecutive 2-year periods. Such action may be taken at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of section 13 of the Federal Power
Act, and the Commission's procedures.
Any obligation of the licensee for the project of annual
charges under section 10(e) of the Federal Power Act shall
commence on the expiration of the time period to commence
construction of the project.
If the period required for commencement of construction of
the project has expired prior to the date of the enactment of
this Act, the FERC may reinstate the license for the project
effective as of the date of its expiration and the first
authorized extension shall take effect on the date of such
expiration.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
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